Don't know where to begin... Please help.

[xFallenx]

Trying this again...Only...this time I'm hoping to get a clearer idea of what steps to take...and what comes next...

My name is Ali, I'm a 24 year old Canadian female..Born and raised... My boyfriend of the past 4 years is an American. We've struggled through the whole "Long Distance" Relationship for pretty much the whole four years that we've been together.. Traveling back and forth just to see each other for a week or two at a time normally every 6 months or so.. This spring he proposed ... (I said yes).. and we're planning on getting married... Hopefully the next time he visits (June/July) we will apply for our marriage license and see a Justice of the Peace...Then have a wedding with our families later on down the road once every things been settled.. if you hadn't already guessed..We're planning on getting married and living in Canada..

He was employed up until a little over a year ago. he was supporting his parents when they were going through a rough time. Since they've been back on their feet he's been unemployed and having a difficult time finding a replacement job within the US. This wont hamper the process or his eligibility will it?. I am Employed and have been at the same job since March 2012, working 32-40 hours a week. And there's no chance of this changing anytime soon.

But here is where I get confused...
I've read a bunch of different forums, and briefly spoke with an Immigration Lawyer but still unsure of the exact process or where to even begin. It seems everyone has a different story or situation.. And it's hard to map out what exact steps to take... So I suppose what I am asking for here.... Can anyone list out step by step what I/we need to do?...

My hopes are to have everything lined up so when he visits next... He wont have to leave... That he can stay with me..

Should We apply for Sponsorship?, or should he apply for Permanent Residency?
If Sponsorship, can anyone give me step by step instructions for both Inland and Outland? and which would be the quicker/better option overall?.
And if it's Permanent Residency.. Would he apply when he arrives in Canada? or would he apply from the US?.
Is there a possibility that he can work while he's in Canada?.
What all do we need for the process?.

Pretty much map it all out from start to finish, the best possible way to go.. Along with approx how much it will cost.

 

[Ponga]

Hi,

When you say that you're "Trying this again...", does that mean that you've already been here before (under a different user name) and did not get the answers that you were seeking?

He cannot apply for Permanent Residency without either a Spousal Sponsorship application, or some other way for him to come to Canada on his own (such as a work permit from an employer that's willing to provide an LMO (Labour Market Opinion), or if he is able to get a study permit. The Spousal Sponsorship route is probably your best bet. You will need to determine whether an Inland or an Outland application works best for you. For an American, it's strongly advised to apply Outland, but he can possible be in, and remain in, Canada during the process.

It's too difficult to outline a step-by-step guide for you, but if you take the time to read through the posts here that echo EXACTLY what you are asking, you'll find what you need. Start by reading the very first thread in this forum; Spousal Sponsorship.

If he applies with an Inland application, he would not be allowed to work in Canada until he reaches first stage approval (AIP, or Approval In Principle) at which time he could apply for an Open Work Permit (OWP). Outland applicants do not qualify for the OWP and must wait until they complete the PR process to be able to work.

The cost is $1040 total and includes the Sponsor's fee ($75), Applicant's fee ($475) and the RPRF (Right of Permanent Residence fee) $490. He would also need to have a medical examination (~$200-$300) as well as an FBI PCC (Police Check) which is $18 plus the cost of having his fingerprints taken (that he will then send to the FBI for them to perform the PCC). Fingerprint services are ~ $50 +/-

Good Luck!

 

[QuebecOkie]

Fees are $1040 total (unless you are in Québec, in which case you get to pay an extra $266).

Once you are married, you will be putting together his application for permanent residence through the family class stream. The spousal sponsorship is a part of the complete application packet.

You can file inland or outland. I would say it's best for an American to apply outland. That does NOT mean he can't be in Canada with you. It's just a matter of where the application is process.

Outland application (application packet and instructions here: http://www.cic.gc.ca/english/information/applications/fc.asp and country specific guide here: http://www.cic.gc.ca/english/pdf/kits/guides/3910e.pdf):

• For US citizens, it's faster than inland. CIC is very inconsistent with its timelines, but current processing times seem to be around 8 or 9 months.
• He can travel back and forth to the US freely, with no worries about it affecting his application.
• As soon as a positive decision is made on his PR app and he receives his COPR (certificate of permanent residency), he can "land" (officially become a PR) by simply driving to the nearest bordere, at his convenience, and "flagpoling (just crossing and coming right back to land).
• No work permit associated with outland application.

Inland application (application packet and instructions here: http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp):

• Inland applicants can apply for an open work permit which is granted after stage one processing (also called "AIP" - approval in principle). However, for an American, this isn't much of a benefit, as stage one is taking around 8-10 months, so he could complete the entire outland PR process in about the same time as stage one of an inland app would take. After AIP, then there is usually an additional waiting period (varies HUGELY, perhaps 3 months, perhaps 10) until DM ("decision made," or stage two approval.
• Landing is done by appointment at a "local CIC office." So, after a positive decision is made, he has to wait for CIC to contact him to set a landing date. This adds anywhere from a month to several months (some on this forum have waited 6 or 7 months, though that seems rare) to the already longer process.
• If he leaves Canada at all during the process and, for some reason, is denied reentry to Canada, his application is considered abandoned and you would have to start all over again.

He can "visit" you in Canada for the duration of either an inland or outland application. When he enters as a visitor, he will be allowed a certain period of time (generally six months). He can extend that status by applying online at least 30 days before his time is up, or by going back to the US and coming back to Canada.

 

[rhcohen2014]

When you say that you're "Trying this again...", does that mean that you've already been here before (under a different user name) and did not get the answers that you were seeking?

OP posted in the general board, and i suggested she try researching and posting here...

 

[Ponga]

OP posted in the general board, and i suggested she try researching and posting here...

Once again, you've given someone excellent advice!

 

[rhcohen2014]

Once again, you've given someone excellent advice!

lol... thanks ponga!

 

[Zarilenth]

My advice (since I'm in the exact same situation):

1. Start gathering evidence about your relationship right now. Call logs, pictures, receipts from trips together, flight logs, gifts sent, facebook pages, emails, notes, pictures with family, notes from your family/his family.
2. Get married. You have to either be Common law (prove you've been living together for 12 months straight which you have not), or be married. Marriage is the better option.
3. Once married, immediately apply for your marriage certificate. The paper copy you get at the ceremony is not good enough.
4. Book his medical and complete the medical.
5. Get his fingerprints done with the FBI. They take a little over a month to get in the mail. BUT the timing needs to be right as they have to be less than 3 months old when your file arrives at Mississauga.
6. Request your OPTION C printout from the CRA. It needs to be the Option C, not the Notice of Assessment.
7. Throughout this process, start filling out the appropriate forms. APPLY OUTLAND. Even if your husband is 'visiting' you in Canada the whole time, apply outland. DO NOT apply Inland. You can apply outland and stay in Canada the whole time. It's much faster for Americans.

Once you think you're ready, you're married, have the medical done, you have his fingerprints, and the forms are filled out...DOUBLE CHECK EVERYTHING! Read through every form again, making sure they're all correct. No missing signatures, dates, etc. Then check online to make sure they're all up to date.

Then bam, send it in and start to wait.

 

[xFallenx]

So...
Correct me if I'm wrong... First step is to apply for marriage license, then get married...And then start filling out all the paper work?.. If we are applying Outland does he have to be in the US when we apply?, or can he be visiting Canada at the time we apply?.

 

[truesmile]

He can be either in Canada OR the U.S. if you're are applying "outland". It is perfectly acceptable to be "in" Canada but to submit an "outland" or "outside of Canada" application. This allows him to travel back and forth between Canada and the U.S. without putting his application in jeopardy.

 

[rhcohen2014]

So...
Correct me if I'm wrong... First step is to apply for marriage license, then get married...And then start filling out all the paper work?.. If we are applying Outland does he have to be in the US when we apply?, or can he be visiting Canada at the time we apply?.

a marriage license is needed to get married. so yes, you need a marriage license to have your ceremony. AFTER the ceremony, the officient will then send that license into the town hall (or if getting married in canada - the canadian equivalent) who will then use that to record the marriage and make a marriage certificate available. you will not be able to send in your application until you get a copy of that certificate, which can take 2-4 weeks, depending on where you get married.

You can start on the paperwork and get all the necessary information together before you get married so all you need to do is wait for the marriage certificate to be available to send in the application. 2 things to keep in mind doing this - police records are only valid for 3 months, so it's important to coordinate sending in the app with receiving the record. CIC regularly updates the forms, so if you fill them in in advance, it's important to double check they were not updated before you send in your application.

the applicant can be visiting canada when the applicaiton is submitted, they do not need to be in their home country to apply outland.